(Adopted April 1920)
The Council differs from so-called arbitration boards in that
it professes to be a court of justice and not merely a court of
arbitration. It proceeds on the theory that arbitration involves
compromise, which seems to mean in some minds adding up the claims
of both sides of a dispute and dividing by two, while judicial
settlement involves the application of definite and certain principles
without any accommodation between the parties.
Emphasis should be laid upon the Council’s abandonment of
the philosophy of power and struggle. The Council has clothed
itself with no mandatory powers and decides cases only when the
disputing parties have agreed to use its services either under
the terms of their collective bargaining agreement or by written
stipulation at the time of submission.
The Council has adopted the following precepts for its own guidance
when acting as conciliator in disputes:
- The Council views with disfavor sudden changes in wages,
as unfair to employers on account of contract commitments. The
Council likewise, and for the same reasons, discourages retroactive
wage advances, unless agreed upon by both disputants. The Council
reserves the right, however, to render decisions making sudden
changes, or retroactive changes, or both, if in special cases
the facts appear to warrant such action.
- Industrial enterprise as a source of livelihood for both
employer and employee should be so conducted that due consideration
is given to the situation of all persons dependent upon it.
- The public interest, the welfare and prosperity of the employer
and employee, require adjustment of industrial relations by
- Regularity and continuity of employment should be sought
to the fullest extent possible and should constitute a responsibility
resting alike upon employers, wage earners, and the public.
- The right of workers to organize is as clearly recognized
as that of any other element or part of the community.
- Industrial harmony and prosperity will be most effectually
promoted by adequate representation of the parties at interest.
Existing forms of representation should be carefully studied
and utilized insofar as they may be found to have merit and
are adaptable to the peculiar conditions of the electrical industry.
- Whenever agreements are made with respect to industrial relations
they should be faithfully observed.
- Such agreements should contain provisions for prompt and
final interpretation in the event of controversy regarding meaning
- Wages should be adjusted with due regard to purchasing power
of the wage and to the right of every man to an opportunity
to earn a living, and accumulate a competence; to reasonable
hours of work and working conditions; to a decent home, and
to the enjoyment of proper social conditions, in order to improve
the general standard of citizenship.
- Efficient production in conjunction with adequate wages is
essential to successful industry. Restriction of output is harmful
to the interest of wage earners, employers and public, and should
not be permitted. Industry efficiency and initiative whenever
found should be encouraged and adequately rewarded, while indolence
and indifference should be condemned.
- Continuing agreements are recommended, providing they contain
provisions for settling disputes, and for composing differences
arising from controversial subjects, by reference to disinterested
and competent judges.
Date of Decisions
(Adopted April 1920)
The Council holds the responsibility of determining the effective
date, when a decision is rendered after the anniversary date established
in the agreement between the parties. The parties can mutually
agree on an effective date, but this is not necessarily binding
on the Council.
III—Council Meeting Schedule
(Adopted May 1948)
Meetings of the Council are scheduled quarterly, in the months
of February, May, August and November. The Council may vary this
schedule when necessary. If no cases are filed, the Secretary
shall notify the Council members of the cancellation of that particular
for Submitting Cases
(Amended February 1983)
A completed and properly signed submission form, plus 22 copies
of the current approved collective bargaining agreement and amendments
and (if filed) 22 copies of the briefs must be postmarked on or
before the first day of the month in which the hearing is scheduled
and filed with the Council Secretary.
When it appears to the parties that resort to the Council procedures
may be necessary, they should submit their case well before the
deadline dates set forth in the above paragraph. After thus insuring
a place on the Council agenda, they should continue local negotiations
and attempt to reach a settlement of the dispute before the date
set for the hearing. A case can be withdrawn at any time prior
to the date of hearing if the parties can reach a settlement and
so notify the Council.
It cannot be emphasized too strongly that local negotiations should
be continued after a case has been submitted and every effort
made to reach a settlement locally.
V—Appearance Before Council by
Party Not Directly Interested
(Adopted May 1948) (Amended February 1973)
Should a person not directly interested in a case request the
privilege of appearing before the Council, he shall be notified
that he may appear if either party to the case desires his services
as a witness, and prior approval is given by the other party,
and the Council so notified.
VI—Disqualification of Member
(Adopted November 1948) (Amended February 1983)
Any Council Member who is directly affected by a case shall be
disqualified from serving during the hearing, or decision, on
that case, or other cases presented earlier at the same session.
However, a Council Member may serve on any cases which are presented
after the case in which he is directly interested has been heard
and decided. This policy does not apply if the affected member
is serving on a panel other than where his case is presented.
VII—Delivery of Council Decisions
(Adopted November 1948)
Decisions shall be mailed simultaneously to the parties as soon
as practicable after the close of the hearings.
(Adopted August 1949) (Amended February 1975)
Unilateral submissions will be accepted by the Council only when
all of the conditions set forth below are satisfied:
- The collective bargaining agreement between the parties contains
- The submitting party has engaged or attempted to engage in
bona fide collective bargaining in accordance with the terms
of the local labor agreement in an effort to effect a local
- The submitting party has given timely notice to the other
party, in writing, of intent to file the case, and at the same
time invited said other party to join in the submission, with
a copy of said invitation to the Secretary of the Council.
Upon receipt of a unilateral submission which qualifies under
the conditions set forth above, together with the other material
required, the Secretary of the Council will notify the non-submitting
party that the case has been filed, and list the issues submitted
to the Council.
IX—Protection on Existing Contracts
(Adopted November 1949)
In those cases where the effective date of a Council decision
is later than the anniversary date in the agreement between the
parties, and the agreement between the parties contains a “protection
of work” clause, then the Council will order the observance
of said “protection of work” clause on all contractual
obligations incurred prior to the anniversary date of the agreement.
However, contractual obligations incurred on or after said anniversary
date shall be subject to the terms of the Council decision, beginning
with the effective date of the decision as determined by the Council.
Flat Wage Rates for Apprentices to a Percentage of Existing Journeyman
Rate (Adopted November 1949)
It shall continue to be the policy of the Council to encourage
the use of a schedule of percentages to determine the various
apprentice wage rates based on the journeyman rate in a specific
agreement. However, the Council will not substitute a schedule
of percentages for a list of hourly apprentice rates until it
has determined that such action is feasible under the circumstances.
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